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ADA Temporary Employee Vermont

02-19-2017, 01:36 PM

We have a temporary employee working for us through a staffing agency who has missed 20/25 work days due to a ADA qualifying reason. This chronic absenteeism is impacting our operation e.g., moral, OT, etc. and an indicator of what may be should we hire. Do we have any options to end the assignment filled by this temporary employee and refer back to the staffing agency?

Comment

Comment

There are others here who work more closely with the ADA than I do, but I cannot see that allowing unlimited time off is reasonable. Just because the condition is ADA qualifying does not mean that you have to continue to retain him.

Just to be absolutely sure, over what time frame were the 20-25 days taken?

The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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I think you are find to simply end the assignment. She isn't even your employee, first of all, and, as others stated, ADA means the person must be able to do the job "with reasonable accommodation." No court would consider 20 days missed out of 25 "reasonable accommodation."

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agree with the others - it's past time to call the temp agency and request a replacement. You would have been fine much sooner especially as you are not the employer of record. I would also think of finding a temp agency that is a bit more proactive.

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Mark, your questions suggest that your understanding of the ADA is flawed; you seem to think it has a great many more limitations on what an employer can do than it actually does. While we are always happy to answer your questions (that's why we're here after all) and you should feel free to come back with any more you might have, maybe you won't mind my suggesting that you find a short course on the subject, just for your own comfort level? There are online courses you can take on your own time.

The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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Definitely agree with ferretrick - end the assignment. You will be fine in doing so.

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